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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I believe my son does not have mental capacity to

Customer Question

Dear Sir,
I believe my son does not have mental capacity to make decisions that are in his best interests.
His behaviour recently has been bizarre and frankly quite scary for the rest of the family. He is 22 but has had a history of learning difficulties.
He has inherited £30,000 which he has given away and is about to inherit another £5000.
I am desperate to protect him from himself as he seems to have no concept of cause and effect.
Please advise me of my best course of action.
Julia Bartlett
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Has your son been formally diagnosed as not having mental capacity? For someone to have lost their mental capacity, they will not be able to understand the decisions they need to make about their money, weigh up pros and cons of their decisions and communicate to make their decisions clear. If he can do these things then he still has mental capacity.If you wish to help him and he does not have a power of attorney in place, then you will need to make an application to the Court of protection to become a deputy. You can check the detailed guidance on applying to become a deputy here: hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.